goldy99

Hi,

I am married to a USC and it has been more than two years of marriage, I came to usa in aug-2005 and I just filed i-751 jointly about a week ago, but in just a week now situation has been changed (in the past,we had many problems too), because of some family reasons my wife wants to file divorce (not me). I have all the proofs and sent them with the application too that will show that my marriage is bonifide. I have some questions in mind that I want to ask here:

1) Should I let know BCIS know that she has filed for divorce and its in preceddings (If she will file for one)?

2) Or I should just wait till the divorce will finalize and then let them know and refile I-751 again alone?

3) What happen if I will just wait till the divorce is finalized but we are called for an interview as we have file jointly and she will not come for the interview?

4) Can she call the Immigration services and put the case on hold or something?

Thank you in advance.

ian-mstm

No.


Yes.


Your application will be denied, you will lose your PR status, and you will become immediately removable from the US.


Yes, but no.

Ian

goldy99

Thanks for the reply Ian,

Third answer: If she does not come for the interview than I will lose my parmanent status...What should I do in such situation??

Forth answer: If she can put the case on hold or something?? Yes, but no...Sorry but did not understand what exactly do you mean by that...can you elaborate the answer please??

If anyone has gone through such situations and have just come accross it please share your thoughts...Any help would be greatful...thank you

Noorah101

You will most likely be put in removal procedings. You might have to leave the USA. I'm not sure if this would go before an immigration judge, but if it does, you could plead your case there. The outcome might also depend on how you entered the USA in the first place.

No, she cannot put the case on hold.

Best Wishes,
Rene

goldy99

Thanks Renee,

I have sent jointly filed application with all the documents that we are living together and sent all the proof available (sent approx 11 proofs for last two years including lease agreement,tax returns, bank statements, credit card statements, car insurance, utility bills, itinery for the trips we have taken together etc)....so mostly if she does not request there is a very little chance that I will be asked for the interview.

So my another question is:

1)What she can do the most to affect my application?

2)What precautions should I take or What should I do so that my application gets approved?

Noorah101

Well, I guess the only thing that would harm your application is that you get called for an interview, and cannot prove you are in a bona fide relationship. Other than that, nothing she does will affect your application.

There is not much you can do right at this moment to make sure your application gets approved. If you happen to get divorced before your approval, you will need to refile the I-751 on your own, that will help ensure your approval. If you remain married and in a bona fide relationship, there's not much you can do to assure approval, it will be up to the person adjudicating your case.

Rene

goldy99

Thanks again,

So do you think that getting a divorce is a safer way to get the approval in my case now...because I know that if I will be asked for the interview she is not going to come...and she has threatened me in the past to regarding this...

ian-mstm

There isn't a whole lot you can do if that happens. You should know, though, that only a few people are selected for interview so you may be one of the lucky ones and slide in under the radar. That works to your advantage. Still, it's not something I'd leave to chance, so you really should refile the I-751 as soon as you are divorced.


You asked a two-part question... so... yes, she can call immigration, but no, she can't put the case on hold.

Ian

Noorah101

Divorce is a major step in one's life. I would look at it the other way around. Ask yourself which way will you be happier...married to her or not married to her? Live your life the way that works best for your daily peace and happiness, and deal with immigration as a second event. In other words, do what you need to do regarding the marriage (either divorce or stay together), and then once you know which way that went, deal with immigration accordingly.

That's my advice.
Rene

HunterGreen

None of it may matter because you just may have filed the I-751 too early. If you got your green card in August of 2005, the earliest to file for removal of conditions would have been May 3rd, which is two days before you posted you 'filed about a week ago'. If it gets returned (or whatever they do with applications filed too early) this may buy you some time.

goldy99

They have already cashed the check...I did make sure that I am not filing before 90 days...So that means they have taken the file into the consideration already.

So my concern here is...Can she call BCIS and asked to setup the interview mandatorily...or its just upto the Immigration officer to decide that...I have tried to talk to her about this..but she does not wanna listen to a single word and said that she will try everything to put me in the trouble...so please help.

Noorah101

She can call UCSIS and tell them anything she wants. Yes, she can do that. But will USCIS listen to her? Probably not. It's not up to her to set up an interview, it's only up to USCIS. The most she can do is call or write to them and complain. But USCIS isn't likely to take into consideration the complaints of an angry spouse or ex-spouse.

So stop worrying, just decide what you want to do about your marriage, and deal with immigration once you decide.

SHE has no real control over your immigration outcome.

Rene

goldy99

Thank you all for the reply.

I just received my Biometrics letter today. But I have never received the 1 year extension letter. Is that normal??

And also, the letter I received, they forgot to put the apt # on the address. So, I am worried if the next time postman might not put it in the right mailbox. What should I do? Should I update my address by calling the 1-800 #?

Noorah101

Yes, it seems some people get the biometrics letter before the 1-year extension letter.

Yes, call the 800 number and confirm what address they have for you. If they don't have the apartment number, send a written notice of the correct address to the service center that is adjudicating your I-751.

So you decided to stay together and file jointly after all?

Rene

goldy99

Thanks for the reply Rene,

We are still not together but I am trying to convince her that everyone has problems. This kind of decisions can not be made in hurry. Hoping that we will be back together soon I have continued my joint file.